To all of those potential employers who discriminate against felons
Posted in the Los Angeles Forum
#1 Dec 22, 2013
To all of the potential employers who discriminate against felons who are qualified for the job. Here is the anti-discrimination statute for Kentucky. You can't legally discriminate against someone qualified for the job. And who meets said requirements for the position.
III. Nondiscrimination in Licensing and Employment:
Margaret Colgate Love, Relief from the Collateral Consequences of a Criminal Conviction, March 2007
Public Employment and Licensing: See Ky. Rev. Stat. Ann.§§ 335B.020-.070. Under §
335B.020(1),“no person shall be disqualified from public employment, or from ... any
occupation for which a license is required, solely because of a prior conviction of a
crime, unless the crime for which convicted is [a felony or misdemeanor punishable by
imprisonment] or otherwise directly relates to the position of employment sought or the
occupation for which the license is sought.” In determining if a conviction “directly
relates” to the position of public employment sought or the occupation for which the
license is sought,“the hiring or licensing authority shall consider:
(a) The nature and seriousness of the crime for which the individual was
(b) The relationship of the crime to the purposes of regulating the position of
public employment sought or the occupation for which the license is sought;
(c) The relationship of the crime to the ability, capacity, and fitness required to
perform the duties and discharge the responsibilities of the position of
employment or occupation.”§ 335B.020(2).
Also, under Ky. Rev. Stat. Ann.§ 335B.020(3),“Nothing in KRS 335B.020 to 335B.070
shall be construed so as to limit the power of the hiring or licensing authority to
determine that an individual shall be entitled to public employment or a license regardless
of that individual's conviction if the hiring or licensing authority determines that the
individual has been successfully rehabilitated.”
See Op. Att’y Gen. 80-388 (1980): Conviction of a felony is not an absolute bar to an
occupational license. Ky. Rev. Stat. Ann. Ch. 335B supersedes all other statutes and
regulations as to licensing convicted persons. The licensing board should consider if an applicant has been rehabilitated.
#2 Dec 22, 2013
I encourage you to contact the Kentucky Senate Judiciary members and encourage them to vote on and pass HB 64. The law that will allow non-violent felons who have proven to be good citizens over a period of 10 years, to get their Class D felonies expunged, so that they can get on with their lives and become productive citizens. This will allow them to get jobs and become productive citizens, not a burden on the system and others. No matter what your standpoint is on this topic there is something that you have to consider. The recidivism rate for felony offenders is high. That is in part due to the fact that those felons who would otherwise be productive citizens cannot find jobs and support themselves or their families. Giving low risk felons a chance at a new beginning, is a good incentive for felons not to re-offend, because they know that if they do well during the 10 year period, they will have a chance at a good life. When people are pushed into a corner and they are out of options, they may do things that they would not normally do.
For example: if a person’s family is hungry, and they can’t get housing or jobs, that person may do something that they would never dream of doing had circumstances been different. It may be a bad choice, but between the choice of going hungry, being homeless and broke, and not being employable or eligible for state or government help, that person may have very limited choices to survive. They may take the point of view for example “ What am I supposed to do, I can’t eat, I have no way to pay rent, I have no way to feed my family, I am not employable, I have 2 options, break the law to get money or lay down and DIE.” Most likely they are not going to lie down and die. So then the cycle continues. A person, who made 1 mistake years ago, has now graduated up to more serious crimes, which will probably evolve into a persistent felony offender. We can break a big part of this cycle by convincing the Senate Judiciary Committee to vote on and pass HB 64 making it a law in the state of Kentucky.
This thread is in several Topix here in Kentucky, this is a link to one of the best. http://www.topix.com/forum/louisville/TS77I0K...
This started with HB 47 which passed the House of Representatives here in Kentucky but did not get voted on by the KY Senate Judiciary Committee. This new bill is a revision of that bill that has changes to it like “all NON-VIOLENT class D felons” as compared to a blanket Class D felony expungement that would include violent felons also. You can read more about this on the links I have added. But please contact our House of Representatives and Kentucky Senate Judiciary Committee members and tell them its time for a change. If you have the same types of situations in your state, you should follow suit and try to get this situation changed.
#3 Dec 23, 2013
Well, it looks like the link has been changed to the Kentucky Senate Judiciary Committee. Too much web traffic I guess. Here is the new one.
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